Parbery, in the matter of NewSat Limited (in liq)

The parties involved in this matter are the Plaintiff, Parbery, and NewSat Limited, which is in liquidation. The Plaintiff sought the replacement of the current liquidator, Mr Parbery, who intended to resign. The dispute was heard in the Federal Court of Australia. The Plaintiff argued that Mr Glenn Ian Livingstone of KPMG should replace Mr Parbery as liquidator, given that Mr Parbery intended to resign and Mr Livingstone had assisted in the liquidation process.

The legal issues before the Court were whether the Court should exercise its discretion to appoint a new liquidator under section 499(3) of the Corporations Act 2001 (Cth) and section 90-15 of the Insolvency Practice Schedule (Corporations). The Court had to consider the qualifications, experience, and familiarity of Mr Livingstone with the liquidation of the companies, as well as whether the costs of the application should be considered expenses in the winding up of the companies.

The Court found that the vacancies in the office of liquidator necessitated the application to ensure that the companies were not left without a liquidator to complete the winding up. The Court was satisfied that Mr Livingstone had the necessary qualifications, experience, and familiarity with the liquidation of the companies, and therefore, the appointment of Mr Livingstone as the replacement liquidator was appropriate. The Court also found that the costs of the application should be considered expenses in the winding up of the companies.

The Court granted the orders sought by the Plaintiff, appointing Glenn Ian Livingstone of KPMG as liquidator to each of the companies in liquidation, and declaring that the costs and expenses of the Plaintiff's application be costs and expenses in the winding up of the companies. Liberty to apply to modify or discharge the orders was granted to any person, including any creditor of the companies or the Australian Securities and Investments Commission, who can demonstrate a sufficient interest.